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Henry J. Stern
June 26, 2007

When Andrew Cuomo was elected Attorney General last November, many reformers were distressed.   In his last significant job, Secretary of Housing and Urban Development, he was widely criticized for favoritism and self-promotion.

That is why it is such a pleasant surprise to report that, in his first six months as Attorney General of New York State, Cuomo has earned considerable praise for his appointments, the cases he has brought, and his restraint in seeking public attention.

While attention has focused on Governor Spitzer and his difficulties with the legislature,
Cuomo has been building a staff of competent prosecutors, not politically-connected lawyers.  They are introduced to the public in a page one article in today’s New York
Sun, which jumps to three columns on page two.  The best line, possibly apocryphal, has an assistant telling Cuomo, “You are what you sue”, and the AG later replying “It’s not you are what you sue.  You are what you solve.”

Since we believe Rule 20-E, “Everything is personal.” We look for an explanation of the AG’s work in his prior career.  We don’t look too closely because there is no point in rehashing prior acts and omissions when you are praising someone for starting to do a really good job, and distinguishing himself as a public official.  Suffice it to say that at some point in life, and Andrew will be 50 on December 6, you realize that you will be judged by your own work, and that it is time to make your own record.

 One can also see Governor Cuomo’s assiduous work to round up Democratic support for Andrew as the last installment on his trust fund.  There is nothing wrong with that, if it is all right to finance your son’s campaign, as Bernard Spitzer did, there is nothing wrong with using your good name and influence on his behalf, as Mario Cuomo did.  And don’t forget former Senator and Secretary of State (of New York) Basil Paterson, whose son David is now Lieutenant Governor.  The only state official without a pedigree is Comptroller Tom DiNapoli, formerly “thoroughly and totally unqualified” in the opinion of Governor Spitzer, now “Tom’s doing fine,” in a story by Adam Lisberg on p27 of today’s Daily News: ELIOT CALLS CONTROLLER (sic) DiNAPOLI TOM TERRIFIC.

We digress¨ In January 1934, under Col. Robert R. McCormick, whose great-uncle was  Cyrus McCormick, who invented the reaper, the Daily News used simplified spelling, like thru for through, thoro for thorough, hocky for hockey, and other shorter forms.  Some caught on, others did not. The custom has gradually been dropped, lingering only in a few words, like Controller for Comptroller, the official title for both the city and state chief financial officer.

Back to State government: Contrary to what some may believe, we are happy when we can report good news and praise public officials for doing their jobs well.  So we are
Pleased that Comptroller DiNapoli and Attorney General Cuomo are off to a good start.
The difficulty will come in resisting the pressures that will be placed on you: as Comptroller, to approve budgets that are financially irresponsible and to give underwriting assignments to banks and lawyers who are contributors or cronies.
You have one major benefactor, Speaker Sheldon Silver.  Reward him with affection and respect, not with jobs and contracts.

As for the Attorney General, you will face requests both to accelerate and to abort investigations.  People of lesser merit will be sent to you seeking positions.  The most difficult thing to do is to make judgments as to what matters should be pursued.
Is a particular practice normal business, subnormal but acceptable business, or fraud that should be prosecuted?   Do not intimidate companies, depressing their stock, to show them how powerful you are or to frighten them into making unfair settlements..  At the same time, go after wrongdoers with minimal regard to the collateral damage your activities may cause.  So far you have been restrained in your use of the media.  Give others on your staff the opportunity to become known for their good work.  Your powerful office is a great public trust.  Do not become preoccupied with running for Governor.  If you do an excellent job as AG, your future will require minimal assistance.

Note that we have not written about the Three Men in a Room today.  Enjoy the respite.                               



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Henry J. Stern starquest@nycivic.org
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